APRIL 27, 1882.-Referred to the Committee on Military Affairs and ordered to be printed.

To the Senate and House of Representatives:

By recent information, received from official and other sources, I am advised that an alarming state of disorder continues to exist within the Territory of Arizona, and that lawlessness has already gained such head there as to require a resort to extraordinary means to repress it. The Governor of the Territory, under date of the 31st ultimo, reports that violence and anarchy prevail, particularly in Cochise County, and along the Mexican border; that robbery, murder, and resistance to law have become so common as to cease causing surprise; and that the people are greatly intimidated and losing confidence in the protection of the law. I transmit his communication herewith, and call especial attention thereto.

In a telegram from the General of the Army, dated at Tucson, Ariz., on the 11th instant, herewith transmitted, that officer states that he hears of lawlessness and disorders, which seem well attested, and that the civil officers have not sufficient force to make arrests and hold the prisoners for trial, or punish them when convicted.

Much of this disorder is caused by armed bands of desperadoes known as cowboys, by whom depredations are not only committed within the Territory, but it is alleged predatory incursions made therefrom into Mexico. In my message to Congress at the beginning of the present session, I called attention to the existence of these bands, and suggested that the setting on foot, within our own territory, of brigandage and armed marauding expeditions against friendly nations and their citizens be made punishable as an offense against the United States. I renew this suggestion.

To effectually repress the lawlessness prevailing within the Territory, a prompt execution of the process of the courts and vigorous enforcement of the laws against offenders are needed. This the civil authori

ties there are unable to do, without the aid of other means and forces than they can now avail themselves of.

To meet the present exigencies, the governor asks that provision be made by Congress to enable him to employ and maintain, temporarily. a volunteer militia force, to aid the civil authorities, the members of which force to be invested with the same powers and authority as are conferred by the laws of the Territory upon peace officers thereof.

On the ground of economy, as well as effectiveness, however, it ap pears to me to be more advisable to permit the co-operation with the civil authorities of a part of the Army as a posse comitatus.

Believing that this, in addition to such use of the Army as may be made under the powers already conferred by section 5298, Revised Stat utes, would be adequate to secure the accomplishment of the ends in view, I again call the attention of Congress to the expediency of so amending section 15 of the act of June 18, 1878, chap. 263, as to allow the military forces to be employed as a posse comitatus to assist the civil authorities within a Territory to execute the laws therein. This use of the Army, as I have in my former message observed, would not seem to be within the alleged evil against which that legislation was aimed.

EXECUTIVE MANSION,

CHESTER A. ARTHUR.

April 26, 1882.

TOMBSTONE, ARIZ., March 31, 1882.

SIR: The unsettled and lawless condition of affairs in Arizona requires strong remedies. I find insurrection, anarchy, and violence prevailing in several important localties in this Territory; and particularly in Cochise County and along the Mexican border robbery, murder, aud resistance of law have become so common that they have ceased to cause the least surprise. The condition of affairs herein referred to creates such insecurity to life and property that business generally has suffered the most serious interruptions. The industries of the Territory require prompt action to afford relief. The people have lost confidence in law and government, and many fear to trust their dives in any posse or force under the control of the officers in localities where the worst state of affairs exist. The citizens are so intimidated that few of them dare express an opinion adverse to lawlessness and crime. This insurrectionary condition on our side of the line, and the depredations of criminals from Arizona on Mexican soil, disturb our friendly relations with Mexico, and are liable to lead to serious complications. I have no power, no means to restore order, without the aid of Congress. There as no money in the Territorial treasury which can be used to suppress insurrection and resistance of law. I could organize a militia force under the Territorial laws if I had money to pay and maintain it, and respectfully request an appropriation for this pur pose; but, in addition to the use of a volunteer force, other relief is required. The diffculty of enforcing the law against powerful outlaws and criminals has placed some of the local officers in such relations with them as to destroy all confidence in their capacity or desire to enforce the law. There is a Territorial statute relating to the power of the governor to remove county officers, but its provisions are some what an biguous, and in so important a matter I prefer an express declaration of Congress before exercising such function.

If Congress will appropriate $150,000 to suppress insurrection and violence and t aid the civil authorities to enforce process of law, and will also authorize the governor for the period of six months to summarily remove from office any county officer that The finds to be corrupt, inefficient, or incompetent, and appoint a successor of such offcer to hold his office until the election, I will restore and preserve peace and order. Please call the attention of Congress to this subject with such recommendation as way seem proper.

Yours, very respectfully,

His Excellency CHESTER A. ARTHUR,

T. A. TRITLE, Governor.

President, Washington, D. C.

Hon. B. H. BREWSTER,

TUCSON, ARIZ., April 11, 182.

Attorney-General United States, Washington, D. C.:

I have now been along the southern and eastern tier of counties of Arizona. So far as my personal observation goes I am surprised at the appearance of society and order, but I hear of lawlessness and disorders, which seem well attested, and ought to be met promptly and efficiently. The civil officers have not sufficient forces to make arrests, to hold prisoners for trial, or punish when convicted. Our soldiers could well perform their office were it not for the posse comitatus, which ought to be repealed, especially as to the Territories. Unless this be done this session we may be compromised with our neighbor Mexico; for the cowboys make use of the boundary line to escape pursuit, first on the one side and then on the other. If Congress will not repeal that law promptly, then I earnestly advise the adoption of Governor Tritle's plan, as telegraphed in his message to the President of March 31, of an appropriation of $150,000 to enable him to hire suitable posse to aid the sheriff and marshals in preventing stage robberies and smuggling, cattle stealing, &c. It is idle to expect of the miners and scattered rauchmen the difficult and dangerous service of posse to arrest desperate cattle thieves, smugglers, and robbers, well mounted and well armed, with thorough organization and sympathy of some of the people.

I advise you to give this matter your careful study and lively interest, for it is likely to be about the last desperate effort of this class of lawless men to make a stand for their nefarious business. The soldiers are willing, but are restrained by the posse comitatus law, designed by Congress for a totally different purpose.

I leave for California soon. Please answer direct to Governor Tritle, who has seen this. W. T. SHERMAN, General.

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